VA Sleep Apnea Benefits for a Deviated Septum

A broken nose is a common injury during military service.  The medical term used for this injury is a deviated septum.

Many of the veterans who suffer a deviated septum also develop sleep apnea during service or after their military service.  There is medical evidence which suggests that a deviated septum can cause or contribute to the development of obstructive sleep apnea.

Veterans in this situation may often already  be service connected for their deviated septum.  If these veterans also develop sleep apnea, they can make a claim for secondary service connection of this condition as it relates to the deviated septum.

What is the medical science behind sleep apnea causing a deviated septum?

Basically, here is a little bit of my understanding of the science behind this.  A deviated septum obstructs the airflow through the nostrils into the body.  So, when someone is sleeping with that obstruction, it creates negative pressure when their chest rises and tries to fill with air in the lungs.  This causes closure of the airway, which then is what results in the apneas or the stoppage of breathing.

That deviated septum is what causes that obstruction.  If the deviated septum causes the obstruction and the obstruction causes sleep apnea, then you should be service connected for both of those conditions because the sleep apnea is a secondary condition of the deviated septum.

Woman trying to sleep while man with sleep apnea snores Are there other ways to prove that my sleep apnea is connected to my military service?

Yes.  Demonstrating that your service-connected deviated septum caused your sleep apnea is only one of the way you can prove it is service-connected.  You can also show that your sleep apnea is directly connected to your military service.

Direct service connection often hinges on showing that your sleep apnea started during your military service.  You generally show this by proving that you had sleep apnea during your military service.  You may be able to show this through buddy statement testimony that indicates that you had the symptoms of this condition during service.

I also speak to many veterans who were diagnosed sleep apnea soon after service.  When you receive your diagnosis will often matter in this situation because sleep apnea often comes on gradually.  If you receive your sleep apnea diagnosis soon after service, you may be able to demonstrate that you actually developed it during service.

Take the situation of a veteran who is diagnosed with sleep apnea within a year of time in service.  The sleep apnea did not necessarily start when the diagnosis occurred.  In that situation, the sleep apnea could likely have started during service but was not actually diagnosed until after service.

VA likely will still deny your claim because you did not have that in-service diagnosis.  We see this all the time.  If you review what the symptoms of sleep apnea are, you may realize that you would, potentially for benefits by demonstrating that you had sleep apnea during service.

If you are in the situation where you were diagnosed with sleep apnea soon after the end of your service, you should seriously consider filing a claim for service connection and appealing your claim if VA denies it. If you can show that the sleep apnea was incurred in service, you should be eligible for service connection.

Can I prove sleep apnea from a deviated septum through direct service connection?

Yes.  You do not have to limit your claim to an argument that your sleep apnea developed secondary to your deviated septum.  You may also be able to present good evidence that it started during your military service.

If you can present this evidence, then it gives VA two ways to grant service-connection.  They could grant direct service connection based on your sleep apnea starting during service.  If they conclude your sleep apnea did not start during service, they could still grant you secondary service connection based on the deviated septum causing your sleep apnea.

Whether you win through direct service connection or secondary service connection, your sleep apnea is still service connected.  Because of that, you will likely want to make both arguments in your claim if there is evidence to support them.

What if I have more questions about my VA claim?

I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.

You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.

We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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